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1 Md. 385

Dashiel v. Heron

Court of Appeals of Maryland

Decided April 15, 1771

Court of Appeals of Maryland · decided 1771-04-15

THIS was an action on the case for special damage, sustained by the plaintiff, from the neglect of the defendant, as collector of Pocomoke District, in not giving a certificate, which by the duty of his office, he was obliged to do, by the act of 4 Geo. III. c. 15. passed the 15th November.) 1763. The writ issued the 27th of May, 1768, There were two counts in the declaration.

Decided 1771-04-15

¶1The Court were of opinion, that the giving time for ten •days, or during the term, so that the cause could be tried, was sufficient, and that the amendments ought to be allowed, and granted the motion. The amendments were accordingly made.

¶2The amendments being allowed, upon the filing of the declaration so amended, the defendant prayed an imparlance till the next term. But the Court were of opinion, that such an imparlance was not the right of the defendant, and refused to allow it. The defendant excepted.

¶3At the trial of this cause, John Hepburne, Daniel of St. Thomas Jenifer, John Leeds and Philip Thomas I.ee, Esquires, were on the bench.

¶4The cause was afterwards referred.

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